DISCLAIMER: The following information is purposely general in nature; please consult your state's and locality's specific laws and/or contact an attorney for specific information and advice.
| Can my employer fire me without a good reason? |
| What sort of discrimination will get an employer into trouble? |
| Is it legal for an employer to put an ad in the paper specifying that smokers need not apply? |
| When may I test my employees for drug use? |
| I've been summoned for jury duty and my private employer won't pay me for the time off. Isn't he breaking the law? |
| I just got an order to garnish one of my employee's wages. Can I just get rid of the guy so I don't have to bother with this? |
| What if I have a question not answered here? |
Q: Can my employer fire me without a good reason?
A: In most cases, yes (depending upon your state law). Oklahoma recognizes the"employment at will" doctrine, which means that you may quit your job at any time. Unfortunately, it also means that your employer may decide to terminate you at any time as well. Your employer's ability to fire you (and sometimes your ability to quit) is limited under some circumstances; for instance, when you have an employment contract in effect, when the firing is in retaliation for your exercise of rights under Workers' Compensation laws, when the company's employee manual or handbook provides otherwise in some cases, when the employer is violating anti-discrimination laws, or when an employee is fired in retaliation for reporting the employer's illegal conduct.
Q: What sort of discrimination will get an employer into trouble?
A: Federal and Oklahoma law prohibit discrimination in employment (including hiring, promotion, requests for transfers, receipt of benefits, discipline or termination) because of your race, sex, national origin, religion, age (40 and over), or mental or physical disability.
Q: Is it legal for an employer to put an ad in the paper specifying that smokers need not apply?
A: Probably not, at least in this state. Oklahoma and many other states have smokers' rights laws, which usually prohibit job discrimination against those who use tobacco outside of work hours and off the employer's premises. Although the law may not specifically address advertising (and the Oklahoma law does not), an ad specifying "nonsmokers only" would probably be illegal.
Q: As an employer, can I legally read my employees' private email?
A: Usually, yes. However, if your company wants to reserve the right to read employees' email, it should let the employees know about this policy. Failure to do so could possibly create an expectation of privacy when none was intended, and might subject the company to liability for invasion of privacy.
Q: When may I test my employees for drug use?
A: Drug testing by employers is very controversial and should be approached carefully. Generally, it's safer to test employees for a reason (for instance, after one of your drivers has had an accident in your company-owned vehicle), as opposed to random testing. It's also easier to test non-union (versus unionized) employees and private sector (versus governmental) employees. At this time, aside from laws dealing with very specific circumstances, no comprehensive federal law regulates or prohibits testing by private employers at this time. In Oklahoma, and in other states as well, testing is more tightly restricted. For instance, Oklahoma law requires, among other things, that no employee or job applicant can be required to take a drug or alcohol test unless the employer has a written policy describing who can be tested under what circumstances, the substances tested for, collection and testing procedures, confidentiality, potential discipline resulting from a positive test, etc. The Oklahoma law is quite detailed and covers all public and private employers regardless of the size of the company.
Q: I've been summoned for jury duty and my private employer won't pay me for the time off. Isn't he breaking the law?
A: Not in Oklahoma--Oklahoma law does not require private employers to pay employees for time off for jury or witness duty. However, it is illegal for your employer to fire you for taking time off to serve as a juror. The federal laws don't require payment while on jury service either, and only a handful of other states' laws require such pay.
Q: I just got an order to garnish one of my employee's wages. Can I just get rid of the guy so I don't have to bother with this?
A: No. Under federal law, an employer may not discharge an employee because of wage garnishment for "any one indebtedness." It is, however, apparently permissible for employers to caution employees about the consequences of multiple garnishments. In Oklahoma, an employer may not discipline, suspend, or discharge an employee because of a garnishment or income assignment.
Q: What if I have a question not answered here?
A: Contact our Law Firm.
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